Delaware Code Title 11 Sec. 2433 – Order authorizing installation and use
(a) General provisions. — Upon an application made under § 2432 of this title, the court shall enter an ex parte order authorizing the installation and use of a pen register or a trap and trace device within the jurisdiction of the court if the court finds that the information likely to be obtained by the installation and use is relevant to an ongoing criminal investigation.
Terms Used In Delaware Code Title 11 Sec. 2433
- Electronic communication: means any transfer of signs, signals, writing, images, sounds, data or intelligence of any electromagnetic, photoelectronic or photooptical system. See Delaware Code Title 11 Sec. 2401
- Electronic communication service: means any service that provides to users of the service the ability to send or receive wire, oral or electronic communications. See Delaware Code Title 11 Sec. 2401
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Pen register: means a device that records and decodes electronic or other impulses that identify the numbers dialed or otherwise transmitted on the telephone line to which the device is attached. See Delaware Code Title 11 Sec. 2401
- Person: means any employee or agent of this State or a political subdivision thereof, or any individual, partnership, association, joint stock company, trust or corporation. See Delaware Code Title 11 Sec. 2401
- Trap and trace device: means a device that captures the incoming electronic or other impulses that identify the originating number of an instrument or device from which a wire or electronic communication was transmitted. See Delaware Code Title 11 Sec. 2401
(b) Contents of order. — An order issued under this section shall:
(1) Specify the identity, if known, of the person to whom is leased or in whose name is listed the electronic communication service to which the pen register or trap and trace device is to be attached;
(2) Specify the identity, if known, of the person who is the subject of the criminal investigation;
(3) Specify the number and, if known, physical location of the electronic communication service to which the pen register or trap and trace device is to be attached and in the case of a trap and trace device, the geographic limits of the trap and trace order;
(4) Contain a description of the offense to which the information likely to be obtained by the pen register or trap and trace device relates; and
(5) Direct, upon the request of the applicant, the furnishing of information, facilities and technical assistance necessary to accomplish the installation of the pen register or trap and trace device under § 2434 of this title.
(c) Duration. — (1) An order issued under this section shall authorize the installation and use of a pen register or a trap and trace device for a period not to exceed 60 days.
(2) Extensions of an order issued under this section may be granted upon an application for an order as prescribed by § 2432 of this title and upon the judicial finding required under subsection (a) of this section. An extension may not exceed 60 days.
(d) Restrictions. — An order authorizing or approving the installation and use of a pen register or a trap and trace device shall direct that:
(1) The order be sealed until further order of the court; and
(2) The person owning or leasing the line to which the pen register or a trap and trace device is attached or who has been ordered by the court to provide assistance to the applicant, not disclose the existence of the pen register or trap and trace device or the existence of the investigation to the listed subscriber or to any other person, unless or until otherwise ordered by the court.